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Landlord obligations in retail and commercial leases


Landlords enjoy receipt of rent as a result of their ownership of property.


At the same time, Landlords are required to meet certain responsibilities including maintaining the following to be in the same condition as the premises were in when the lease was entered into:


  • the structure of the premises, such as the walls and the roof;
  • the fixtures in the premises such as items belonging to the landlord e.g. built-in shelving;
  • the plant and equipment at the premises, such as the air conditioning system;
  • the appliances, fittings and fixtures that the landlord has provided according to the lease, relating to the services such as gas, electricity, water e.g. powerboards, water pipes and hot water system


However the landlord will not be responsible for maintaining the above items if

  • the need for the repair arises out of misuse by the tenant; or
  • the tenant is entitled or required to remove the thing at the end of the lease.


Are you a landlord looking to enforce your rights but not sure where to start? Are you a tenant that is unsure of your rights under a lease?

Contact our staff at Porto Grace & Drew Lawyers on 03 8790 4533 for more information.



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